HOUSE HEALTH AND GOVERNMENT AFFAIRS COMMITTEE SUBSTITUTE FOR

HOUSE BILL 266

50th legislature - STATE OF NEW MEXICO - first session, 2011

AN ACT

RELATING TO HEALTH; ENACTING THE SCOPE OF PRACTICE ACT; PROVIDING FOR A PROCESS TO REVIEW THE SCOPE OF PRACTICE FOR CERTAIN LICENSED HEALTH PROFESSIONALS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. SHORT TITLE.--This act may be cited as the "Scope of Practice Act".

     SECTION 2. PURPOSE.--The purpose of the Scope of Practice Act is to provide a procedure for:

          A. objective review of proposed changes in the scope of practice of health professionals licensed by the state in order to ensure that the changes contribute to the improvement of the overall health of the people of New Mexico; and

          B. submitting findings, based on an objective review, to the governor and the legislature.

     SECTION 3. DEFINITIONS.--As used in the Scope of Practice Act:

          A. "health profession" means a health-related activity or occupation licensed pursuant to Chapter 61, Article 2, 3, 4, 5A, 6, 7A, 8, 9, 9A, 10, 10A, 11, 12, 12A, 12B, 12C, 12D, 12E, 14A, 14B, 14C, 14D or 14E NMSA 1978;

          B. "licensing board" means a licensing board of a specific health profession regulated pursuant to Chapter 61 NMSA 1978; and

          C. "scope of practice" means those practice activities permitted for a health profession as defined in its licensing act and rules adopted pursuant to that act; and

          D. "superintendent" means the superintendent of regulation and licensing.

     SECTION 4. PROPOSED STATUTORY CHANGE--LICENSING BOARD ANALYSIS.--

          A. A member of a licensing board or a licensee of a licensing board or any other person seeking a change in the scope of practice of a health profession shall notify the respective licensing board and request a hearing concerning the proposed change. The licensing board shall notify the superintendent and shall:

                (1) collect data, including information from the applicant and all other appropriate persons, necessary to review the proposal;

                (2) conduct a technical assessment of the proposal, if necessary with the assistance of a technical advisory group established for that specific purpose, to determine whether the proposal is in the profession's current scope of practice; and

                (3) provide its analysis, conclusions and any recommendations, together with all materials gathered for the review, to the superintendent.

          B. The person seeking the change in the scope of practice shall provide the licensing board with all information requested.

     SECTION 5. REVIEW PANELS--APPOINTMENT--DUTIES.--

          A. The superintendent shall, upon notification of a proposed change in a health profession scope of practice, appoint an ad hoc review panel of sufficient numbers and expertise to review and make recommendations on the proposed change. Each review panel shall:

                (1) include one board member of the licensing board for the health profession from which the proposed change in scope of practice originates;

                (2) include the dean of the university of New Mexico school of medicine; and

                (3) have at least one-fourth of its membership as individuals who have no economic interest in the profession originating the request for a change in scope of practice.

          B. Each review panel shall be chaired by the superintendent or the superintendent's designee, who shall be a nonvoting member. The review panel shall:

                (1) familiarize itself with the superintendent's rules on procedures and criteria for such reviews;

                (2) ensure appropriate public notice of its proceedings;

                (3) invite testimony from persons with special knowledge in the field of the proposed change;

                (4) assess the proposal using the following criteria:

                     (a) whether proposed changes offer potential harm to the health, safety or welfare of consumers;

                     (b) if the proposed changes will benefit the health, safety and welfare of health consumers;

                     (c) what economic impact on overall health care delivery the proposed change is likely to have;

                     (d) whether potential benefits of proposed changes outweigh potential harm; and

                     (e) the extent to which the proposed changes will affect the availability, accessibility, delivery and quality of health care in New Mexico;

                (5) conduct the analysis so as to:

                     (a) consider harm to the public in physical, emotional, economic and social contexts;

                     (b) ensure that consideration of economic and social benefit does not outweigh the potential of significant physical harm to the consumer; and

                     (c) ensure that evidence of potential harm is clearly and directly attributable to the proposal; and

                (6) summarize its assessment, analysis and recommendations in a final report.

          C. No later than September 15 of each year, the superintendent shall provide to the governor, the New Mexico legislative council, the legislative finance committee and the legislative health and human services committee a full report, including legislative recommendations, on each proposed change in scope of practice brought before the superintendent and the review panels during the previous fiscal year. The superintendent shall also provide an oral presentation of the report to the legislative finance committee and the legislative health and human services committee.

     SECTION 6. SUPERINTENDENT--SCOPE OF PRACTICE REVIEWS AND CRITERIA--POWERS AND DUTIES.--The superintendent shall:

          A. notify annually each licensing board and, whenever possible, each professional association and group of health professions, of the licensing board's responsibilities to review proposed changes in the scope of practice of health professions;

          B. ensure that scope of practice reviews by ad hoc review panels are conducted as public hearings with notice given pursuant to the procedures required by Subsection A of Section 12-8-4 NMSA 1978;

          C. provide staff services to all ad hoc review panels created pursuant to Section 5 of the Scope of Practice Act; and

          D. provide the legislature with all assistance requested on each proposed change reviewed pursuant to the Scope of Practice Act.

     SECTION 7. RULES.--The superintendent and each licensing board shall promulgate such rules as are necessary to carry out the provisions of the Scope of Practice Act.

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